of December 7, 2012 No. 641
About additional requirements to procedure for application by National Bank of measures of supervising reaction and acceptance criterions of the decision on their application
Based on Article part one 39, of parts three and the sixth article 134 of the Bank code of the Republic of Belarus the Board of National Bank of the Republic of Belarus DECIDES:
1. Determine that:
1.1. the facts of availability of the cases provided by the Bank code of the Republic of Belarus in case of which the National Bank has the right to apply measures of supervising reaction (further – the bases) come to light by results of performed by it within banking supervision, the analysis of the reporting and (or) other information obtained by National Bank and (or) represented to it according to the bank law;
1.2. the decision of National Bank on application of measures of supervising reaction is made based on motivated judgment taking into account the following criteria:
relevancy (insignificance) of the bases, nature allowed by bank, "Development Bank of the Republic of Belarus" open joint stock company, the non-bank credit and financial organization (further – bank), parent organization of banking group, parent organization of bank holding and (or) the other persons listed in part two of article 134 of the Bank code of the Republic of Belarus (further – subjects), violations (shortcomings) and (or) action (failure to act). In case of determination of relevancy (insignificance) of the bases extent of their influence on creation of the provision menacing to safe functioning of bank, and (or) interests of his investors and other creditors and (or) banking system stabilities, financial condition of bank, goodwill of bank, completeness of observance by subjects of requirements of the legislation is considered;
quantity, systematicity of the uniform bases;
availability of provision which can create threat to safe functioning of bank, and (or) to interests of his investors and other creditors, and (or) banking system stabilities, or potential possibility of such provision;
the circumstances which caused emergence of the violations (shortcomings) revealed in work of the subject;
general financial condition of bank and its market position of banking services;
acceptance (rejection) by the subject of the measures directed to correction of violations (shortcomings) revealed in its work efficiency of implementation (non-realization) with respect thereto specific actions for realization of the taken measures and (or) readiness to take such measures according to recommendations of National Bank;
expected efficiency of application by National Bank of measures of supervising reaction;
efficiency (effectiveness) of the measures of supervising reaction applied earlier to this subject;
adequacy of the applied measure of supervising reaction to the bases of its application;
consequences of application of measure of supervising reaction for activities of bank;
1.2-1. violation (shortcoming) and (or) the action (failure to act) of bank which led to creation of the provision menacing to safe functioning of bank and (or) interests of his investors and other creditors and (or) the banking system stabilities expressed in non-compliance with standard rates of sufficiency of the normative capital by bank which extent is calculated taking into account the conservation buffer, and (or) the counter-cyclical buffer, and (or) the buffer of the system importance acceptance by National Bank in accordance with the established procedure attracts decisions on application of measure of supervising reaction in the form of introduction of prohibition or restriction for profit distribution between shareholders of bank by the announcement and (or) dividend payout until violation elimination;
1.3. the applied measures of supervising reaction (one or several) can be replaced with other measures of supervising reaction (one or several) if they were inefficient and did not result in expected result.
2. Recognize invalid:
the resolution of Board of National Bank of the Republic of Belarus of November 28, 2006 No. 195 "About approval of the Instruction about procedure for removal by National Bank of the Republic of Belarus for instructions and applications of corrective actions to banks and the non-bank credit and financial organizations" (The national register of legal acts of the Republic of Belarus, 2006, No. 207, 8/15481);
Item 5 of the resolution of Board of National Bank of the Republic of Belarus of May 25, 2010 No. 175 "About modification and amendments in some regulatory legal acts of National Bank of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2010, No. 148, 8/22451).
3. This resolution becomes effective since January 22, 2013.
Chairman of the board
N. A. Ermakova
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